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Home My WebLink About8. Provisional Ord 1890 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Director of Community Development SUBJECT: Provisional adoption of Ordinance 1890 to amend the zoning map to establish initial zoning of B-2 Community Business District on 2.591 acres. Lot 1A, Block 6, Walker Property PUD Subdivision. Located at the northeast corner of the intersection of Springhill Road and Frontage Road. Application Z14177. MEETING DATE: November 17, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Provisionally adopt Ordinance 1890. MOTION: I hereby provisionally adopt Ordinance 1890 to amend the zoning map to establish initial zoning of to B-2 Community Business District. BACKGROUND: This application was initially approved by the City Commission on August 25, 2014. The Zoning Commission conducted their public hearing on August 5, 2014 and found that the application complied with all required criteria. Therefore, they recommended approval of the application to the City Commission. The City Commission approval of the application on August 25, 2014 was contingent on the applicant providing the necessary information to complete the amendment process. The required information has been provided and the necessary ordinance drafted to complete the amendment process. UNRESOLVED ISSUES: None ALTERNATIVES: 1) Approve the ordinance as drafted. 2) Disapprove the ordinance. 3) As determined by the Commission. FISCAL EFFECTS: This action will not affect any budgeted expenditures. Attachments: Ordinance 1890 Ordinance exhibit map Report compiled on: November 10, 2014 92 Page 1 of 5 ORDINANCE NO. 1890 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE FROM THE NEIGHBORHOOD BUSINESS DISTRICT TO THE COMMUNITY BUSINESS DISTRICT ON 2.591 ACRES LOCATED NORTHEAST OF THE INTERSECTION OF FRONTAGE ROAD AND SPRINGHILL ROAD. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, Mont. Code Ann.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, Mont. Code Ann.; states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, Mont. Code Ann.; and WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map to establish an initial zoning of “B-2” (Community Business District) on 2.591 acres has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on August 5, 2014, to receive and review all written and oral testimony on the request for a zone map amendment; and 93 Ordinance No. 1890, The Alexander Annexation Zone Map Amendment Page 2 of 5 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that the zone map amendment be approved as requested by the applicant subject to contingencies necessary to complete adoption by ordinance; and WHEREAS, after proper notice, the City Commission held its public hearing on August 25, 2014, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, Mont. Code Ann., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the zoning district designation of the following-described property is hereby designated as "B-2" (Community Business District): A area of land being Lot 1A, Block 6 of the Amended Plat of Walker Property Subdivision and portions of Reeves Road West, located in Southeast One-Quarter of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as follows: BEGINNING at a Gaston yellow plastic cap at the southwest corner of said Lot 1A; thence North 25° 52' 30" East a distance of 30.25 feet to a Montana Department of Highways red plastic cap ; thence northeast a distance of 258.55 feet along a non-tangential curve concave northwest having a radius of 557.50 feet, a central angle of 26° 34' 19", a chord bearing of North 12° 36' 00" East and a chord length of 256.24 feet to a calculated position; thence North 03° 56' 16" West a distance of 60.00 feet to a calculated position; thence east a distance of 137.17 feet along a non-tangential curve concave south having a radius of 215.15 feet, a central angle of 36° 31' 45", a chord bearing of South 75° 53' 09" East and a chord length of 134.86 feet to a calculated position; thence South 32° 22' 43" West a distance of 60.00 feet to a calculated position ; thence southeast a distance of 98.10 feet along a non-tangential curve concave southwest having a radius of 155.15 feet, a central angle of 36° 13' 40", a chord bearing of South 39° 30' 27" East and a chord length of 96.47 feet to a calculated position; 94 Ordinance No. 1890, The Alexander Annexation Zone Map Amendment Page 3 of 5 thence South 21° 23' 52" East a distance of 120.97 feet to a calculated position; thence North 68° 36' 08" East a distance of 60.00 feet to a calculated position; thence South 21° 23' 52" East a distance of 211.01 feet to a calculated position; thence South 68° 36' 08" West a distance of 60.00 feet to a calculated position; thence south a distance of 121.35 feet along a non-tangential curve concave west having a radius of 120.00 feet, a central angle of 57° 56' 18", a chord bearing of South 07° 34' 25" West and a chord length of 116.24 feet to a Gaston yellow plastic cap; thence North 53° 27' 23" West a distance of 411.76 feet to the Point of Beginning containing acres 2.591 acres more or less. SUBJECT to all easements of record or apparent from a visual inspection of the property. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so 95 Ordinance No. 1890, The Alexander Annexation Zone Map Amendment Page 4 of 5 decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 17th day of November, 2014. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 201_. The effective date of this ordinance is __________, __, 201_. _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _________________________________ 96 Ordinance No. 1890, The Alexander Annexation Zone Map Amendment Page 5 of 5 STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 97 98